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Bayes v. Sylvester

Court of Appeals of Ohio, Seventh District, Monroe

May 25, 2017

DONALD W. BAYES, ET AL., PLAINTIFFS-APPELLANTS,
v.
S. TODD SYLVESTER, ET AL., DEFENDANTS-APPELLEES.

         Civil Appeal from Court of Common Pleas of Monroe County, Ohio Case No. 2013-087

          For Plaintiffs-Appellants Attorney James Huggins Attorney Kristopher Justice Attorney Daniel Corcoran 424 Second

          For Defendants-Appellees Attorney Thomas Moushey, Attorney Dustin Hatherill

          Hon. Gene Donofrio Hon. Cheryl L. Waite Hon. Carol Ann Robb

          OPINION

          DONOFRIO, J.

         {¶1} Plaintiffs-appellants, Donald and Kathy Bayes, appeal from a Monroe County Common Pleas Court judgment granting summary judgment in favor of defendants-appellees, S. Todd Sylvester and Scott Sylvester, on appellants' action for declaratory judgment and to quiet title to an oil and gas royalty interest.

         {¶2} On November 24, 1987, G. Jack and Robin Sylvester conveyed 53 acres of property in Monroe County (the Property) to appellants. The deed contained the following reservation:

RESERVING UNTO GRANTORS HEREIN FROM ABOVE THREE (3) PARCELS ONE-HALF (1/2) OF ANY REMAINING OIL AND GAS ROYALTY UNDERLYING THE PREMISES

(the Royalty Interest). Appellants have owned the property since the 1987 conveyance. Appellees are the heirs of G. Jack and Robin Sylvester.

         {¶3} On February 2, 2012, appellants published a Notice of Abandonment of Mineral Interest in The Monroe County Beacon.

         {¶4} On March 12, 2012, appellants recorded an Affidavit of Abandonment.

         {¶5} On March 23, 2012, appellees filed Claims to Preserve a Mineral Interest.

         {¶6} On March 7, 2013, appellants filed a complaint for declaratory judgment and to quiet title to the Royalty Interest. They sought a declaration that the Royalty Interest had been deemed abandoned and vested in them.

         {¶7} Appellees filed a counter claim asking the court for a declaratory judgment that they are the rightful owners of the ...


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